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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Your mothers assets would be assessed to help make a decision as to whether she needs to pay towards her care home costs when the time arrives. However, because the property is jointly owned by three of you, you don't have to worry about the local authority forcing a sale. It cannot force any of you to sell.
Your mothers share of the property will be taken into account in the means test for assessing fees if he does go into care. However, because he owns the property jointly with two others, the local authority has to base its valuation on the value of your mothers share only in the current circumstances rather than on the value if the property were sold.
In the current circumstances it is very unlikely you would be able to find an outside buyer to purchase a one third share of the property especially if the other 2 owners would still be living there. As a result, the value of your mothers share could be very low or even nil.
If the other owners are over 60 and whether they jointly-owned the property or not, the value of the home would not be taken account of in the means test at all.
No that would not make any difference, they would still only be able to place a value on your mothers share of the property.
They cannot make you sell your share and unlikely they would find someone wanting to by your mothers one third share.
Yes it is possible that you may have to provide financial help. After all, there are valuable assets to allow that.
If they have dementia they may actually lack mental capacity to do that.
In any way, the council could see that as an attempt of deprivation of assets and could still use the value in an assessment.
then age does not affect ownership, only when the value would or would not be considered for care purposes.
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If it is money in the bank form a sale, then the council could look at it.
If her name goes on the deeds yes, if not no, but then you would have to account for where her money went, deprivation of funds again. There is no way around having to pay care home costs if you have the money.
Her name is ***** ***** title deeds therefore she is a legal owner, it does not matter what she put in top it, she still has a financial interest as a joint owner.
You would be able to make monthly payments.
Yes you can sell, but if your mother lacks capacity she cannot sign papers. If there is no Lasting power of attorney in place then you may have to apply to the Court of Protection for guardianship.
Sorry you would need to ask that as a new question, we have moved from pro[perty law issues to benefits law.That is a different legal issue for another expert to answer sorry.